Categories: Retail

By: Andrew J. Sommer

San Francisco has just become the first municipality in the country to pass a law providing working parents and caregivers the “right to request” flexible or predictable work schedules. The law, which will take effect on January 1, 2014, applies to employers with 20 or more employees within the City of San Francisco. Known as the Family Friendly Workplace Ordinance, the new law allows San Francisco-based employees, after completing six months of employment, to request a flexible or predictable working arrangement so that they can assist with caregiving responsibilities for (1) a child; (2) a parent age 65 or older; or (3) a spouse, domestic partner, parent, child, sibling, grandparent or grandchild with a serious health condition.

Any employee requesting this flexible working arrangement must do so in writing, and specify the arrangement applied for, the date on which the arrangement becomes effective, the duration of the arrangement and how the request is related to caregiving. Under the ordinance, the flexible arrangement may include modified work schedules, change in start and end times, working from home and telecommuting.

The employer must meet with the employee within 21 days of receiving the request, and then respond in writing 21 days thereafter. The employer may deny the request for a “bona fide business reason” such as identifiable costs, inability to meet customer demands and insufficiency of work. Any denial must set out a bona fide business reason and notify the employee of the right to request reconsideration.

Employers are prohibited from retaliating against any employee for requesting a flexible or predictable working schedule. The San Francisco Office of Labor Standards Enforcement is supposed to publish a notice of rights under this ordinance, which qualifying employers will be required to post in the workplace. The San Francisco Office of Labor Standards Enforcement is also charged with investigating any complaints for violation of this ordinance and may initiate civil action against employers to secure compliance. While the agency may review adherence with procedural and posting requirements, it is not authorized to issue findings regarding the validity of the employer’s bona fide business reason for denying an employee’s request for a flexible or predictable working arrangement.

Companies with employees in San Francisco should become familiar with the procedural requirements of this ordinance and update their personnel policies and procedures accordingly.

Back to Workforce Bulletin Blog

Search This Blog

Blog Editors

Related Services

Topics

Archives

Jump to Page

Subscribe

Sign up to receive an email notification when new Workforce Bulletin posts are published:

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.